PART 2. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 105. GENERAL CONTRACTING RULES
The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of Assistive and Rehabilitative Services (DARS), adopts amendments and a new rule to the DARS rules in Title 40, Part 2, Chapter 105, General Contracting Rules. DARS adopts amendments to Subchapter A, General Contracting Information, §105.1003, Definitions, Subchapter B, Contractor Requirements, §105.1013, General Requirements for Contracting, and adds new §105.1019, Contract Assignment. The rules are adopted without changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1942) and will not be republished.
DARS adopts §105.1003 and §105.1013 and new §105.1019, to establish procedures for contract assignment.
No comments were received regarding adoption of the rules.
SUBCHAPTER A. GENERAL CONTRACTING INFORMATION
The amendment is adopted pursuant to HHSC's statutory rulemaking authority under Texas Government Code §531.033 and §2155.144, which grant HHSC the authority to promulgate rules for the acquisition of goods and services, and Texas Government Code §531.0055(e), which provides the Executive Commissioner of the Texas Health and Human Services Commission with the authority to promulgate rules for the operation and provision of health and human services by health and human services agencies.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 14, 2009.
TRD-200901915
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: June 3, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 424-4050
The amendment and new rule are adopted pursuant to HHSC's statutory rulemaking authority under Texas Government Code §531.033 and §2155.144, which grant HHSC the authority to promulgate rules for the acquisition of goods and services, and Texas Government Code §531.0055(e), which provides the Executive Commissioner of the Texas Health and Human Services Commission with the authority to promulgate rules for the operation and provision of health and human services by health and human services agencies.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 14, 2009.
TRD-200901916
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: June 3, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 424-4050
The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of Assistive and Rehabilitative Services (DARS), adopts amendments and repeals to the DARS rules in Title 40, Part 2, Chapter 106, Division for Blind Services. This proposal adopts Subchapter C, Vocational Rehabilitation Program, Division 3, Vocational Rehabilitation Services, §106.557, and Subchapter I, Blind Children's Vocational Discovery and Development Program, Division 1, General Information, §106.1403 and §106.1407, and Division 5, Order of Selection for Payment of Services, §106.1489. DARS also adopts the repeals of Subchapter I, Division 1, §106.1405, Remedy of Dissatisfaction. The rules are adopted without changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1945) and will not be republished.
The purpose of the amendments and repeal is to clarify program language and to remove incorrect and obsolete language and rules.
Specifically, DARS adopts amendments to Subchapter C, Vocational Rehabilitation Program, Division 3, Vocational Rehabilitation Services, §106.557, by clarifying language concerning academic training; and Subchapter I, Blind Children's Vocational Discovery and Development Program, Division 1, General Information, §106.1403, by removing the internal reference to a repealed rule; §106.1407, by adding the definition for "deafblind"; and Division 5, Order of Selection for Payment of Services, §106.1489, by clarifying the order of selection for deafblind consumers and removing priorities for services that are no longer funded. In Subchapter C, Vocational Rehabilitation Program, Division 3, Vocational Rehabilitation Services, §106.557, subsection (b)(11) is being deleted, as it is now obsolete. DARS also repeals Subchapter I, Division 1, §106.1405, Remedy of Dissatisfaction, which is now obsolete.
The adopted rule changes are authorized by the Rehabilitation Act of 1973, Section 701 et seq. (as hereafter amended), the Randolph-Sheppard Act, Texas Government Code, §2001.01 et seq.
No comments were received regarding adoption of the rules.
SUBCHAPTER C. VOCATIONAL REHABILITATION PROGRAM
DIVISION 3. VOCATIONAL REHABILITATION SERVICES
The amendment is adopted pursuant to HHSC's statutory rulemaking authority under Texas Government Code §531.033 and §2155.144, which grant HHSC the authority to promulgate rules for the acquisition of goods and services, and Texas Government Code §531.0055(e), which provides the Executive Commissioner of the Texas Health and Human Services Commission with the authority to promulgate rules for the operation and provision of health and human services by health and human services agencies.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 14, 2009.
TRD-200901917
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: June 3, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 424-4050
DIVISION 1. GENERAL INFORMATION
The amendments are adopted pursuant to HHSC's statutory rulemaking authority under Texas Government Code §531.033 and §2155.144, which grant HHSC the authority to promulgate rules for the acquisition of goods and services, and Texas Government Code §531.0055(e), which provides the Executive Commissioner of the Texas Health and Human Services Commission with the authority to promulgate rules for the operation and provision of health and human services by health and human services agencies.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 14, 2009.
TRD-200901918
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: June 3, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 424-4050
The repeal is adopted pursuant to HHSC's statutory rulemaking authority under Texas Government Code §531.033 and §2155.144, which grant HHSC the authority to promulgate rules for the acquisition of goods and services, and Texas Government Code §531.0055(e), which provides the Executive Commissioner of the Texas Health and Human Services Commission with the authority to promulgate rules for the operation and provision of health and human services by health and human services agencies.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 14, 2009.
TRD-200901919
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: June 3, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 424-4050
The amendments are adopted pursuant to HHSC's statutory rulemaking authority under Texas Government Code §531.033 and §2155.144, which grant HHSC the authority to promulgate rules for the acquisition of goods and services, and Texas Government Code §531.0055(e), which provides the Executive Commissioner of the Texas Health and Human Services Commission with the authority to promulgate rules for the operation and provision of health and human services by health and human services agencies.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 14, 2009.
TRD-200901920
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: June 3, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 424-4050